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Judgment
The petitioner herein, a deserted wife filed an application before the learned Magisterial Court seeking monitoring of the investigation.
In her such application, she also very clearly highlighted that till date she had not been provided with copy of FIR.
Though, her monitoring request was entertained by the learned Trial Court and notice was issued to the concerned I.O. to file latest status update with respect to the ongoing investigation, when the applicant prayed for supply of copy of FIR, such request was declined, while observing that in fact the applicant should have filed the application for monitoring, alongwith copy of FIR.
As already noticed above, the petitioner had, in no uncertain terms, averred in her application that she had not been supplied with copy of FIR and in such a situation, even if it was at the cost of repetition, a copy of FIR should have been made available to the informant.
This is, even otherwise, a statutory requirement as clearly mandated under Section 173(2) of BNSS (Corresponding Section 154(2) Cr.P.C.)
Learned Additional Standing Counsel for State appears on advance notice and, in all fairness, has come armed with a spare copy of FIR which has been immediately provided to the learned counsel for the petitioner.
Learned counsel for the petitioner submits that it was an unusual situation for him as for having a copy of FIR, he had to knock the doors of Constitutional Court.
This Court expects that the learned Magisterial Courts, while being mindful of the above statutory provision, do not deny the same, even if it was provided earlier.
The next date before the learned Magisterial Court is stated to be 30.07.2026. Fact, however, remains that it is informed by the learned Additional Standing Counsel that the investigation is almost over and charge-sheet is likely to be filed before the abovesaid next date of hearing.
Learned counsel for petitioner, having received copy of FIR, is left with no grievance.
The present petition stands disposed of accordingly.